MONROE — Charles Fackelman, whose convictions for home invasion and felonious assault were thrown out by the Michigan Supreme Court, appeared Wednesday afternoon in Monroe County Circuit Court for a bond hearing.
Judge Joseph Costello, Jr., denied a motion from assistant Wayne County prosecutor Kenneth Simon to keep Mr. Fackelman in jail without bond. Instead, Judge Costello said that he could be released if he can post a $250,000 bond.
Mr. Simon told Judge Costello that he intends to appeal to the U.S. Supreme Court the July 28 ruling overturning the convictions. Mr. Fackelman, 51, of Toledo, was found guilty in January, 2008, of pulling a loaded handgun on the Lambertville man he believed was responsible for the road rage accident that resulted in his 17-year-old son’s death.
The supreme court, in a 5-2 decision, found that repeated references to a psychological diagnosis that were never entered into evidence at trial violated Mr. Fackelman’s right to confront witnesses who testified against him.
Mr. Fackelman has been serving a 5¾ to 20-year sentence in a Jackson, Mich., prison since a jury found him guilty of home invasion, gun possession, and two counts of felonious assault.
According to witnesses, he confronted Randy Krell of Lambertville with a loaded gun in March, 2007. Mr. Krell ran to a neighbor’s home, where Fackelman kicked in the door and pointed the gun at the men.
At his trial, Mr. Fackelman testified that he had no recollection of the incident.